(A) When a Code Official determines that there exists an imminent danger involving one or more of the following conditions:
(1) Failure or collapse of a building or structure that poses a danger to life safety; or
(2) Any structure or part of a structure has or is in the process of falling; or
(3) There exists a condition creating an imminent danger to the occupants of or those in the proximity of any structure; the Code Official is authorized to condemn the structure, or the part of the structure deemed to contain an imminent danger, and require the occupants to vacate the premises forthwith and/or remediate the cause of the imminent danger. Until the imminent danger no longer exists, the Code Official shall placard the structure as required in § 150.64 and shall be authorized to secure the premises to the public and/or remove the threat of imminent danger when possible. It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.
(B) (1) A formal notice of violation shall be sent to the owner of the structure within 48 hours of condemnation and shall be delivered either personally by hand delivery or by certified mail to the last known address on record for payment of the ad valorem taxes or by certified mail to owner’s agent by appointment or law. If the whereabouts of such person is unknown and cannot be ascertained after an exercise of reasonable diligence, then an affidavit to that effect may be made and service shall then be by posting in a conspicuous place upon the involved structure and by publication pursuant to KRS Chapter 424, hereafter “publication or publication of notice.” Within seven days of delivery or publication, the owner shall: (a) correct the problems consistent with the notice of violation; (b) demolish the structure; (c) contest the determination of an unfit or unsafe structure pursuant to § 150.63; or (d) receive approval by the Code Official of a plan and timeline to remediate the imminent danger and correct the problem.
(2) If the owner of the structure, within seven days of the date of receipt or publication of notice, has not: (a) corrected the problem; (b) arranged for demolition; (c) contested the notice of violation; or (d) presented and received approval of a plan and timeline to remediate the imminent danger and correct the problem, the Code Official shall initiate a hearing, pursuant to § 150.63. No occupant shall inhabit the structure until the Code Official deems the imminent danger resolved, the Hearing Board orders the condemnation determination by the Code Official dismissed or by order of the District Court.
(D) Boone County shall possess a lien on the relevant real property for all assessed civil fines and for all associated charges and costs for repair or demolition resulting from non-compliance with a Board order determining the structure unsafe/unfit for human habitation. When any structure has been ordered demolished and removed and the demolition is performed or contracted by the county, Boone County shall have the right to sell the salvage materials. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, to the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.
(Ord. 2022-25, passed 10-25-22) Penalty, see § 150.99